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Remove state and federal funding from UC Irvine Associated Students Building , until the American flag is restored to the student government building.

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Motion for petition:

This petition is in support of the motion that will be presented, to remove any state and federal funding currently received by the University of California Irvine, namely the Associated Student Building, if at any time:

- the United States flag is removed from the ASUCI main lobby, or any area of the ASUCI building in direct violation of United States Code, or customs demonstrated by the public institutions of the United States.

- the United States flag is included with, or grouped in with the flags of other countries in any way that would show disrespect to the flag, or violate United States Code.

- the United States flag is shown disrespect in any form, direct or indirect, while under the care and possession of any member of the student government, any person(s) representing the college, or public instruction while acting in an official capacity of the position in which they were elected by popular vote to represent the students of the University of California Irvine,

Cause of action:
Thursday, March 5, 2015, during a student government meeting at University of California Irvine, a motion was raised by Matthew Guevara and seconded by Khaalidah Sidney. Guevara, a Social Ecology representative was the author of the bill, the bill R50-70, can be found at the link listed below. To paraphrase the intent of the bill, the intent was to create a “high-quality culturally inclusive space” through the removal of flags in the designated space. The space indicated in the bill was the main lobby of the associated student government building. The flags were stated as in physical presence representing an assumed deterioration of free thought, and an assumed impairment of free speech through the representation of government and military. The bill (R50-70), lists “all flags”, however, goes into detail to list and isolate the American flag in the following stated points:

-Whereas a common ideological understanding of the United states includes American exceptionalism and superiority.

-Whereas the American flag is commonly flown in government public service locations, military related entities, at homes, in foreign lands where the US government has a presence.

-Whereas the American flag has been flown in instances of colonialism and imperialism.

Link to the Bill R50-70: http://www.asuci.uci.edu/legislative/legislations/print.php?cnum=R50-70&gov_branch=ASUCI

The Legislative Council of the Associated Students of the University of California Irvine (ASUCI), voted in the Thursday meeting on the bill. There were (10) members present for vote, the final count was 6 in support of the bill, 4 against the bill, and 2 members have abstained (refused) to vote on the bill. The determining factor was listed as majority, the majority factor had been reached and the resolution of the bill was supported. It is unknown at this time if the ASUCI, had acted on the bill or not and removed the flags from the main lobby of the UCI student government building. As previously mentioned, the bill (R50-70), lists all flags, however there is no mention of, or reference to, another nation’s flag. This isolation, and mention of a specific item, denotes an inherent display of opinion (either positive or negative) toward the indicated item. The context, and descriptive verbage of the bill in mention represents a specific indication of negative opinion and desire for segregation of said item. This item being the national flag of the United States of America.

Reaction to cause:

Whereas it has become customary to display the flag on the United States, in support of the country, the people who live in the country, and the people who support the country. There also exists is a long standing custom for display of the US Flag in the lobby of each state, and federal building, including public institutions. In consideration of those long standing customs there exists a specific code regarding the U.S. Flag and the appropriate respect warranted by the flag. The code in which this refers is,


- (e) Display on or near administration building of public institutions

The flag should be displayed daily on or near the main administration building of every public institution.

That fact considered the Associated Student building of UCI, works as a quasi- independent inter organization of the UCI campus. The purpose of the ASUCI, and the ASUCI building is as stated:

“Associated Students of University of California Irvine (ASUCI) is the undergraduate government at UC Irvine. ASUCI is a student-run and student elected organization that advocates on behalf of students and creates programs that enhance the student experience at UC Irvine”

The student government working as a separate organization from the existing hierarchy of the UCI College, receives special recognition from, special endorsements from, and special advantages from the campus, and hierarchy of the University of California Irvine. In that separation the ASUCI, is subject to the same code in which the UCI itself has to abide by. The building is an extension of the government and serves in an official capacity as a public institution which operates though public funding via state and federal funding. There for, by removing the United States Flag the student government in its entirety is violating not only customs long demonstrated by the people of this great nation, it also violates the United Stated Code for display and respect for the flag USC Title 36, Chapter 10 §174. Time and occasions for display, section (e). These is an inherent obligation of and protection from the First Amendment of the Bill of Rights. That right is indelible and for that there is no argument against one’s right to voice their opinion. However the Bill of Rights offers individuals protection from government prosecution, and empowers individuals to seek the pursuit of life, liberty and the pursuit of happiness as stated in the Declaration of Independence. This issue is not of the nature in which the First Amendment offers protection as it is in a capacity of an official building designated for use as use as a public instruction, paid for and maintained by the state and federal government. In which the United States Codes are applicable.

Motion for petition:

This petition is in support of the motion that will be presented, to remove any state and federal funding currently received by the University of California Irvine, namely the Associated Student Building, if at any time:

- the United States flag is removed from the ASUCI main lobby, or any area of the ASUCI building in direct violation of United States Code, or customs demonstrated by the public institutions of the United States.

- the United States flag is included with, or grouped in with the flags of other countries in any way that would show disrespect to the flag, or violate United States Code.

- the United States flag is shown disrespect in any form, direct or indirect, while under the care and possession of any member of the student government, any person(s) representing the college, or public instruction while acting in an official capacity of the position in which they were elected by popular vote to represent the students of the University of California Irvine,

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